07-25-1989
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F-:'LE~
. PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in a regular
session on Tuesday, July 25, 1989 at 7:00 P.M. in the Municipal
Complex Conference Room. Those present were as follows:
PLANNING & ZONING COMMISSION
OTHERS PRESENT
TY BRISGILL, CHAIRMAN
KEITH VAN DINE, SECRETARY
MERWIN WILLMAN
BOB ANDREWS
GEORGE VICK
JIM SHRIVER
KEN GREENWALD, COUNCILMAN
GLENN HOFFPAUIR,
VINTAGE CUSTOM HOMES
DON DECKER,
COSMIC FUTURES, I~C..
CITY STAFF
JOE POTEMPA, VICE-CHAIRMAN
STEVE SIMONSON,
ASST. CITY MGR.
NORMA ALTHOUSE,
RECORDING SEC'Y.
MEMBERS ABSENT
#1 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: A. Regular Session June 27, 1989
B. Regular Session July 11, 1987
A. Regular Session June 27, 1989
Bob Andrews made a motion to approve the minutes for the Regular
Session June 27, 1989. Merwin Willman seconded the motion and
the vote was as follows:
AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick
NAYS: None
ABSTENTIONS: J. Shriver
Motion carried.
B. Regular Session July 11, 1989
Merwin Wi llman made a motion
Regular Session July 11, 1989.
and the vote was as follows:
to approve the minutes for the
Bob Andrews seconded the motion
AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick
NAYS: None
ABSTENTIONS: J. Shriver
Motion carried.
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'3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
14 CONSIDER AND TAKE APPROPRIATE ACTION: Vintage Custom
Homes Request for Final Approval of the
Vacate and Replat of Lots 18 and 19, Block 7
to Lot 20, Block 7, Savannah Square
Subdivision, Unit 1 (PC #148-89)
Glenn Hoffpauir was at the meeting to represent this request.
Chairman Brisgill asked for Staff input.
Steve Simonson informed the Commission there are still three
items requiring action: (1) the electrical pad still needs to be
moved, (2) the signature of the owners is required, and (3)- the
replat and filing fees need to be paid.
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Glenn Hoffpauir spoke regarding the electrical pad and told the
Commission the actual transformer is located in the 12' easement,
not on a lot, ~pd the only easement being vacated is a 5'
electrical easeme-nt. Mr. Hoffpauir pointed out that the 6' x 6'
area on the plat \vhich looks 1 ike a pad is really just an
easement which GVEC will not vacate because they may need it in
the future for transformers. Mr. Hoffpauir further stated the
way the property is platted, the 12' electrical easement (on the
left hand side of the property) is not located on lots 18, 19 or
20.
Bob Andrews asked to see the original plat.
After Steve Simonson got the original plat from the files and the
Commission studied it and discussed easements, the requirement
for moving the transformer was withdrawn.
Bob Andrews then asked if Glenn Hoffpauir had been informed about
the replat and filing fees. Mr. Hoffpauir replied he is prepared
to pay the fees tonight.
Bob Andrews made a motion to approve the final plat from Vintage
Custom Homes for the vacate and replat of Lots 18 and 19, Block 7
to Lot 20, Block 7, Savannah Square Subdivision, Unit 1 (PC #148-
89) contingent upon filing fees being paid and mylars being
signed by the owners. Merwin Willman seconded the motion and the
vobe was unanimous in favor. Motion carried.
'5 CONSIDER AND MAKE RECOMMENDATION: Don Decker - Request for
Discussion on Proposal to Replat Schertz
Modular Park to Pamela Subdivision
Don Decker was at the meeting to represent this request.
Chairman Brisgill asked for Staff input.
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steve Simonson noted that since the joint meeting at which Mr.
Decker made his presentation, he and City Manager, Kerry Sweatt,
have been discussing the project and have kept Mr. Decker
informed on the results of their discussions. Mr. Simonson
advised that City Council would still like input from Planning
and Zoning on this proposed project.
Don Decker had written a letter, a copy of which the Co~mission
received in their packages, outlining thirteen items about the
proposed subdivision he would like to have approved by City
Council. Mr. Decker is asking for Planning and Zoning's
recommendatIon of approval on these items. ."
Chairman Brisgill commented he still has a lot of questions
and Merwin Willman remarked that without an overall Master Plan
showing easements, etc. he can't make a fair evaluation.
Don Decker passed around to the Commission the site plan of an
individual lot.
Steve Simonson reminded the Commission these are all conceptual
ideas being presented by Don Decker. We will be dealing with a
lot of exceptions. The land is vacant and being used for nothing
right now. The question is - do we think any of these ideas will
work?
Chairman Brisgill suggested the Commission follow the format of
Don Decker's letter and discuss the items in their numerical
order. They are as follows:
t1. Accept the dedication of a 30' R.O.W. for public use, and
maintenance by the "~:-city of Schertz, extending from FM 78 to the
edge of Pamela Subdivision (to be platted). This 30' wide strip
is presently marked as a safety lane and utility easement on the
recorded plat of the Schertz Modular Park.
#2. Acceptance by the city of Schertz of two 10' wide easements
to be granted the City for installation and/or maintenance of
utilities. One of these 10' easements to be on each side of the
aforementioned 30' wide R.O.W. for the full length of said R.O.W.
These easements will contain wording to the effect (to be
approved by the City Attorney) that. any mobile homes presentl.y
incurring onto this 10' easement wi11 -not be in violation of any
City of Schertz Ordinance, but should that mobile home incurring
in this easement be removed, then another mobile home being
installed on that site shall abide by the 10' setback.
Perhaps the acceptance of this easement by the City of Schertz
should be accompanied by a variance allowing mobile homes to be
located 10' from the back of the curb on this particular street
for a distance of feet from the centerline of FM 78.
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The consensus of the Commission on Items #1 and #2 was acceptance
of the 30' R.O.W. and 10' easements, but they would recommend a
25' building setback from the road.
#3. Accept the dedication for public use, and maintenance by the
City of Schertz, all the presently installed sanitary sewer mains
in the Schertz Modular Park after those sewer mains have been
repaired and cleaned (if necessary) to the satisfaction of the
City of Schertz and it's City Engineer.
14. Accept the dedication for public use, and maintenance by the
City of '.Schertz, of the ~wo presently iristalled~ sanitary sewer
1 ift stations in the Schertz Modular Park. after those 1 ift
stations have been repaired to the satisfaction. of the City of
Schertz and it's City Engineer.
#5. Accept the dedication for public use, and maintenance by the
City of Schertz, of all the presently i.nstalled water mains in
the Schertz Modular Park after those water mains have been
repaired (if necessary), pressure tested and chlorinated to the
satisfaction of the City of Schertz and it's City Engineer.
The consensus of the Commission on Items #3, #4 and #5 was
acceptance if approved by City Staff.
16. Accept a 12' wide easement on the .rear of all lots in the
Pamela Subdivision for the installation and maintenance of
sanitary sewer mains and water mains.
The consensus of the Commission on Item #6 was acceptance, but
they would recommend it be stated a "minimum" 12' easement.
17. Accept an easement (width to be determined by the City of
Schertz) for the installation and maintenance of a 12" water main
presently installed and/or to be installed when the location of
the presently installed water main in the Schertz Modular Park
has been determined, and when the City Engineer has determined
where an extension of this 12" main is to be located.
The consensus of the Commission on Item #7 was acceptance if
approved by City Staff.
18. Accept the dedication for public use, and maintenance by the
City of Schertz, of all 28 · wide streets and 3 · wide publ ic
sidewalks presently installed in the Schertz Modular Park which
will be included in the Pamela Subdivision when platted.
Some of the presently installed sidewalks are below the curb
level. Cosmic Futures, Inc. will guarantee the City of Schertz
that each built upon lot will have a 3' wide public sidewalk (at
curb height). Sidewalks not installed upon any not built upon
lot, at the end of seven (7) years after platting of Pamela
Subdivision, shall be installed by the developer at his cost.
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The consensus of the Commission on Item #8 was acceptance if
parking is allowed only on one side of the street.
'9. Accept all of the land presently platted as Schertz Modular
Park and not replatted as Pamela Subdivision as park lands at no
cost to the City and with no strings attached thereto.
The consensus of the Commission on Item #9 was acceptance if the
property is replatted with a site plan clearly delineating the
areas to be dedicated to the City as park land.
#10. The City of Schertz will agree to allow Cosmic Futures, Inc.
full credit for any monies paid the City of Schertz (by the
former owners of Schertz Modular Park) for ~anitary sewer
connection fees, water connection fees, and water meter changes.
These credits to be used for the same purpose for which they were
originally paid the City. Cosmic Futures, Inc. to designate the
lots to which these monies will be credited.
The consensus of the Commission on Item #10 was agreement if
approved by Staff.
t11. The City of Schertz Planning and Zoning Commission will
recommend to the City Council, and the City Council shall
approve, the following items for Pamela Subdivision:
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a.
Minimum frontage width
Minimum depth (other than rounded corner lots)
Minimum square feet
Minimum front setback from R.O.W.
Minimum interior side panel
Minimum setback - corner lots - any street from R.O.W.
Accept the platting of all lots where the footprint
of the home (to be erected) sha~l be at or above the
One Hundred (100) Year flood plain as designated by
the Corps of Army Engineers
70'-0"
77'-on
5,390
20'-0"
5'-0"
20'-0"
b.
c.
d.
e.
f.
g.
The consensus of the Commission on Item #10 was they could make
no recommendations on items a. through g. until a site plan of
the entire proposed project is made available for their study and
consideration.
#12. Accept an agreement (not a requirement of the platting of
Pamela Subdivision) whereby Cosmic Futures, Inc. will purchase an
additional 20' wide strip of land. along the presently existing
30' wide roadway easement which extends from the southeasterly
corner of the Schertz Modular Park to Trainer-Hale Road.
In the event Cosmic Futures, Inc. is unable to purchase all of
this additional 20' strip of land, the City of Schertz agrees to
use it's condemnation rights to secure this needed land. Cosmic
Futures, Inc. will agree to place in escrow monies in a
proportionate amount (as paid for the land acquired) for the City
to use. in payment of the land condemned.
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Cosmic Futures, Inc. will enter into an agreement with the City.
of Schertz to dedicate that part of the 50' R.O.W. acquired by
Cosmic Futures, Inc. to the City of Schertz for public use and
maintenance. Cosmic Futures, Inc. will cause engineering plans
and specifications to be prepared for a 30' wide roadway - 6"
base and a two (2) course surface treatment along with any needed
drainage structure for the approval of the City Engineers.
Cosmic Futures, Inc. will cause this 30' wide road to be
constructed at no cost to the City of Schertz.
Bob Andrews said, in his opinion, this item holds priority before
any of the others can seriously be discussed. A subdivision
needs an al ternative means of ingress/egress for. it r s residents
in case of emergency. Mr. Andre\..rs referred to the Subdivision
Ordinance, ARTICLE V, Section 32.4, Land Suitability.
Keith Van Dine inquired as to whether the City gains from this or
is it a liability. Councilman Greenwald replied it is both.
Steve Simonson added that it is a gamble on the City's part, but
it is also a gamble for Cosmic Futures, Inc.
The consensus of the Commission on Item #12 was acceptance if
Cosmic Futures, Inc. provides an all-weather road with drainage,
no curb or gutter required. (The Commission would like Mr. Decker
to continue trying to acquire the 10' easements on either side.)
#13. Cosmic Futures, Inc. believes that the present Mobile Home
Subdivision Ordinance allows the construction of "stick-built
homes" in a mobile home subdivision and would like this matter
clarified by the Planning and Zoning Commission and by the
Schertz City Council.
The consensus of the Commission on Item #13 was that this matter
should be referred to the legal department for clarification.
Jim Shriver asked Don Decker how many lots are on the property
and when he estimates completion. Mr. Decker replied there are,
at the most, 164 lots and he estimates completion within 60 days
after approval.
A recommendation, with all the Commission's suggestions, will be
sent to City Council.
Before the General Discussion part of the meeting began, Chairman
Brisgill showed the slides he and Steve Simonson had taken of
different sections of the City. Mr. Brisgill is using slides as
part of his presentation at the APA Conference in October. Mr.
Brisgill told the Commission he will keep them updated on his
progress.
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'6 GENERAL DISCUSSION
Jim Shriver:
(a) Reported that the Citizens' Leadership Panel has completed
it's work and he should have a final report for the Commission at
their next meeting.
(b) Noticed among Mary Marsh's papers a letter
deadl ines for updating the City P Ian and noticed some
deadl ines are al ready past. (Steve Simonson commented
merely a guideline, there is no particular date when the
of the City Plan has to be completed.)
outlining
of those
that was
updating
(c) Needs copies of the Sign Ordinances from other cities which
the rest of the Commission received at the last meeting.
(d) Has anyone prepared a letter and diagram for Winn' sand
Pacific Southwest Bank outlining what the Commission would like
for them to do at their entrances off Schertz Parkway?
Chairman Brisgill said he would prepare a letter and diagram if
the Commission agreed. They did.
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Jim Shriver then asked if it would be the City that would paint
arrows on the driveways. steve Simonson remarked that after a
while the arrows disappear and then who is responsible for
repainting them - that is a problem on private property.
Councilman Greenwald suggested that perhaps the City could
contract with someone, on a one-time basis, to paint the arrows.
Chairman Brisgill suggested letting steve Simonson talk with the
City Manager about contracting someone before a letter is written
to the property owners involved.
Keith Van Dine:
The proposed establishment of new TDC units across the state is
becoming very interesting. There has been somewhat of an about
face in public opinion. Where many citizens previously"did not
want anything to do with having a TDC facility in their immediate
area, some have now changed their minds, after seeing the
estimated income per month which could be generated by a TDC
facility, and are actually in competition to get one.
There was a brief discussion on ~ossible locations in the:City of
Schertz for a TDC facility. Mr. Van Dine said he would bring in
the information he has on the subject.
Bob Andrews:
Remarked on the letter from Robert McLaren of Garden Ridge
Quality Closeouts to every business in Schertz asking them to
participate in the revision of the Sign Ordinance. Mr. Andrews
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suggested Robert McLaren be invited to the Planning and Zoning
meeting at which the Sign Ordinance will be discusaed.
Steve Simonson:
(a) The copies of the three (3) recommended changes to the Zoning i
Ordinance (copies attached) regarding non-conforming uses, public
notice and procedures for amendment, and adult-oriented
businesses were sent forward to City Council.
Hr. Simonson indicated, due to possible problems and a probable
lawsuit, he would like to delete Item g. on Page 6 of the
recommended change to public notice and procedures for amendment.
Item g. reads as follows: "In the event the development has not
started within twelve month~, the petitioner for rezoning will be
notified in writing that the land will revert to it's original
zoning wi thin thirty (30) days. Extension may be granted for
legitimate delays." t-1r. Simonson pointed out that when the
Commission recommends approval of a zoning change, they are
agreeing to the best use of the land and he thinks that decision
should stand. Mr. Simonson commented that approval of a Specific
Use Permit does entail certain time limitations, but he doesn't
think that should hold true for a zoning change.
After a brief discussion, the Commission agreed to delete Item g.
(b) Regarding adult-oriented businesses, work is presently being
done on a licensing procedure which will be included in the Code
of Ordinances. Mr. Simonson passed around samples of similar
ordinances used in Guadalupe and Bexar Counties.
George Vick asked if J's on Main Street wouldn't be considered an
adult-oriented business since they sell videos, etc. Steve
Simonson reminded Mr. Vickit has to be the primary function of
the business which is not true in the case of J's.
(c) There's a possibility IH-35 may go to
instead of next year.
contract this year
Councilman Greenwald:
City Council reviewed the recommended changes .to the Zoning
Ordinance and they will go to public hearing on August 15th.
Chairman Brisqill:
(a) Any new information from the Census Bureau?
Steve Simonson reported there was no acknowledgement from them of
the signed form and letter we sent from the Mayor offering the
City's support and cooperation. Mr. Simonson said he is
expecting a map from them in the last part of 1989 showing where
they believe the city limits of Schertz to be. Mr. Simonson
further stated the only thing the City can do is promote the
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Census and encourage cooperation from the citizens so there can
be an accurate count.
Bob Andrews commented that the Census people are .al ready out
there checking on locations.
(b) Asked Keith Van Dine if the residents of the Schirmervi II e
area ever decided on a road name change for a section of Binz-
Englemann Road. Mr. Vag Pine replied no they did not. Chairman
Brisgill asked that this item be pl~ced on the next agenda for
discussion.
(c) Inquired if Tiger Tote 1S gOlng 10 where the Lone Star used
to be on Jack Hays Blvd. Steve Simonson said he has had several
inquiries about the property but was not positfve about Tiger
Tote locating there.
(d) Welcomed Jim Shriver as a new member of the Commission.
#7 ADJOURNMENT
Chairman Brisgill adjourned the meeting at 9:45 P.M.
The next regular meeting is scheduled for August 8, 1989.
A joint public hearing is scheduled for August 15, 1989.
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